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Immigration Law

Texas v. USA Oral Argument Preview

"Judge Hanen’s rulings on both the standing and the APA issues — specifically, that DACA and DAPA are not discretionary and thus require notice and comment rulemaking under the APA — cannot be squared with either the evidence in the record or the governing legal principles. The 5th Circuit’s decision in Crane — a unanimous ruling by two Republican appointees and one Democratic appointee — exposes several of these flaws, vindicates the DHS deferred action programs, and should weigh heavily when the same court decides the pending appeal in the Texas case." - Marshall Fitz and Stephen Legomsky, April 15, 2015.